PARVEEN KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS appeal is directed against the judgment dated 16.11.1993 and the order dated 22.11.1993, passed by the Sessions Judge, Sonepat, whereby the appellant has been convicted for an offence under Section 302, Indian Penal Code, and sentenced to undergo life imprisonment.

(2.) THE prosecution case, as can be gathered from the record of the trial Court, is that on 5.12.1991 Surinder Kumar (PW-5) along with his father Ram Kishan deceased had gone to his field to look after the crops and also for bringing barseem. There is a water-course running through their land for irrigating purposes. The field of Jeet Ram Harijan is located ahead thereof and then there is the field of the appellant who had a separate water-course to irrigate his fields. However, on that day the appellant came to the fields of the deceased and wanted to take water through his (deceased's) water- course, to which Ram Kishan deceased objected on the ground that if he was allowed to take the water through that water-course, the wheat crop belonging to the deceased would be damaged inasmuch as the field of the appellant was located at a higher level. On it, the appellant went to his field. In the meanwhile, Smt. Sheelwanti (PW 6), wife of the deceased, reached there with meals. After taking meals Surinder Kumar (PW 5) and Smt. Sheelawanti (PW 6) started cutting barseem crop while the deceased Ram Kishan was looking after the wheat crop. At about 12.00 noon the appellant again came there armed with kassi and jeli and asked Ram Kishan deceased that he would take water through the said water course to which Ram Kishan again objected. Thereupon the appellant gave a kassi blow from the reverse side on the head of Ram Kishan deceased, and thereafter, after putting down the kassi, gave a jeli blow on the right leg below the knee, as a result of which Ram Kishan fell down and the appellant ran away from the spot along with the kassi and the jeli. Ram Chander and the wife of Jai Bhagwan who were working in the nearby fields, had also arrived there and witnessed the occurrence.

(3.) S .I. Man Singh (PW 8) conducted the inquest proceedings (Exhibit PD/2) and sent the dead body of Ram Kishan for post mortem along with his application (Exhibit PD/1). Dr. A.P. Sharma (PW 4) performed autopsy on the dead body of Ram Kishan and found the following injuries on it :-